Dog Bite Liability 101: Essential Steps to Prove Fault - HHJ Trial Attorneys
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How to Prove Liability in a Dog Bite Case

dog bite
Founding partner of HHJ Trial Attorneys Elliott Jung black and white portrait

Gerry Spence Trial Lawyers College

Adam copy

University of California, Berkeley

Updated: September 9, 2024

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dog bite
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There are people who can help with the legalities of when a dog bites you. It’s a traumatic experience that leads to physical and mental harm, and seeking compensation can be complex due to the variables of the legal process. Fortunately, this blog discusses what you should do after the attack, which factors affect liability, and the damages you may be entitled to.

Steps to Take Immediately After a Dog Bite

Gather Evidence

When a dog has bitten you, it’s vital to collect evidence to prove the extent of your injuries and keep it as proof of liability. You should take photos of your injuries from different angles and the area where the incident occurred. If possible, take several pictures of the dog, too. Any details, no matter how small, can be helpful.

If there were any witnesses, gather their contact information and ask if they have experience with the dog. This information can be valuable when determining if the dog is prone to aggressive behavior. Neighbors may have insight into the dog’s general demeanor and tendency to react violently.

Write down everything you can remember about the incident and answer the following questions:

  • Was the dog off-leash?
  • Was the owner paying attention?
  • How was the dog behaving before the incident?
  • What were you doing when the dog attacked?
  • What was the owner’s reaction to the attack?
  • Where did the incident occur?

Identify the Person Responsible for the Dog

Determine who was in charge of the dog during the attack. It may have been the owner, a pet sitter, a dog walker, or a trainer. This information is vital for proving liability. If the person has not left the scene, ask them about the dog’s breed, age, gender, and whether the animal is neutered.

Ask about the dog’s daily behavior to determine whether it’s usually docile or aggressive. If the person has left the scene, you can contact animal control and describe the dog’s breed and appearance. They may be able to find the owner and gather more information.

Go to the Hospital

Even if the bite wound doesn’t seem serious, it is vital to go to the hospital immediately. You will most likely need a tetanus shot because dog bites can quickly become infected, leading to other issues. The doctor will also administer a rabies injection; you may have to receive a course of rabies injections over a couple of weeks.

Contact a Lawyer

After the attack, emotions will run high, so it’s crucial not to try negotiating at that stage. The best action is to get to a hospital as soon as possible and then contact a dog bite lawyer. Dog bite cases can be complicated due to the intersection of liability laws and breed-specific legislation. Having a lawyer to navigate the law and negotiate on your behalf will give you the best chance of a favorable outcome.

Proving Liability

Showing that the owner failed to act reasonably, leading to your experience, is the best way to prove liability. This proof can rely on the following factors:

  • Eyewitness testimony
  • Photos and videos of the incident and your injury
  • Evidence of the dog’s previous attacks
  • Violations of state animal control laws

A dog owner may be guilty of violating state laws if their dog was in a public area without a leash, not adequately secured behind a fence, or if the dog falls under breed-specific legislation and is not wearing a muzzle.

Eyewitness testimony will also be necessary to prove that you did not antagonize or provoke the dog. It will also prove that you weren’t doing anything illegal when the attack occurred. You may be offered a much lower settlement if you were partly at fault.

Who Will Pay Your Compensation?

Homeowner’s insurance usually pays the settlement in a dog bite case. However, determining who should pay can be more complicated if the dog owner does not have homeowner’s insurance or rents their home. If you are a dog owner, understanding what happens after your dog bites someone on your property can also help you understand your potential liability and insurance responsibilities. Your lawyer will examine the dog owner’s finances and assess whether they can pay a settlement. If not, pursuing a settlement can be more costly when the defendant cannot pay you.

What Damages Can I Claim For?

After a dog bite, your injuries may heal quickly; however, in some circumstances, wounds can be so severe that they require extensive medical intervention. Some injuries can even lead to disabilities, which can permanently affect your competence to earn a living and live independently. Some of the damages you can claim include:

  • Emergency room visits
  • Hospitalization
  • Surgeries
  • Medication
  • Physical therapy
  • Pain management
  • Lost wages
  • Reduced earning capacity
  • Pain and suffering
  • Emotional distress
  • Scarring and disfigurement
  • Reduced quality of life

What Is a Dog Bite Case Worth?

Compensation for a dog bite injury typically depends on the severity of the bite. Bites that leave apparent scars on the face, neck, or arms are often worth more. Large scars are also usually rewarded with higher settlements, and if the victim is a child with massive scars, the compensation amount will be significantly higher.

Older people and men are commonly awarded less than women and children due to the assumption that women will be more affected by disfigurement. However, it is difficult to determine the precise worth of a case before a lawyer can discuss the entire event and see your injuries for themselves.

Navigating the Legal Process as a Dog Bite Victim

Experiencing a dog bite can be traumatic and can lead to life-altering injuries. Filing a claim against the dog’s owner can be a complex, emotionally fraught experience. Hiring a lawyer to represent you will put you in the best position for a favorable outcome in which you receive the compensation you deserve.

Contact HHJ Trial Attorneys to discuss your case, and we will help you investigate the attack, calculate the damages, and secure the settlement you need to move forward with your life. With our guidance, you can navigate the process effectively and have the space to focus on your physical and mental recovery.

professional attorney and founding partner of HHJ Elliott Jung
Elliot H. Jung

Gerry Spence Trial Lawyers College

Elliot H. Jung is a trial attorney at HHJ Trial Attorneys who focuses on helping injured clients navigate complex personal injury cases. With an emphasis on advocacy, case strategy, and client support, he works to secure fair outcomes for people facing medical bills, lost wages, and other accident-related losses. His approach combines legal experience with a commitment to clear communication and effective representation.

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